Current US Deportations Violate International Law, Stain Nation’s Conscience
Envoy Staff Writer
Experts caution that the Trump Administration’s current deportation policy — which has resumed deportations to third countries — violates international law. This rash behavior violates the principle of non-refoulement, where a country can only deport migrants after meeting certain criteria, and the right to due process. These actions are a stain on our nations conscience and violate our time-honored mantra “justice for all.”
The principle of non-refoulement is found in Article 3 of the UN Convention Against Torture. It prevents states from extraditing a person to another state if they could be tortured. Determining whether a destination state poses a risk to the deportee, the convention suggests taking into account violations of human rights. Adding to this, the International Covenant on Civil and Political Rights (ICCPR) guarantees that no one will be subject to “cruel, inhuman or degrading treatment or punishment” in Article 7, furthering the right of the individual. They will not be extradited to a country that commits gross human rights violations. Article 9 of the same covenant also gives the right to due process. The US ratified both of these treaties in the 1990s, establishing our commitment to upholding these values. Additionally, the US Constitution grants citizens the right to due process, and a precedent established this right could be extended to immigrants as well.
In late June, the Supreme Court of the United States issued a ruling that allowed the resumption of expedited deportations of migrants to third countries. In reality, this means that deportees are being sent to dangerous countries. BBC News reports that two African countries are receiving US deportations: South Sudan and Eswatini. The US State Department advises against all travel to South Sudan due to crime, armed conflict, and kidnappings. The detention facility where those deported to South Sudan are held is known for its poor conditions, reports BBC News. The State Department issued a country report on Eswatini’s human rights practices and noted that a significant human rights issue is torture and cruel, inhuman, or degrading treatment.
Another notorious recipient of recent US Deportees is El Salvador’s CECOT prison. A Venezuelan deportee described to Reuters his torturous experiences in prison. He was allegedly beaten, held in dark cells, and served rotten food. He said that others had wounds and fractured ribs from abuse. This treatment is inhuman and degrading and violates the UN Convention Against Torture. In April, CBS News reported that nearly 250 men were sent to CECOT. This was a grave transgression not just of international law, but of conscience. One that the families of the men — of whom many had no criminal record — should never have to experience.
The burden of ensuring that deportees are not at risk of torture in a third country falls upon the US. In a UN Press Release, experts reassert that “the US is required to make a full assessment under its non-refoulement obligations.” The State Department has country-specific knowledge on human rights violations, and the United Nations Human Rights Council also conducts a Universal Periodic Review, which similarly gives frequent updates on countries’ human rights violations. This is hard evidence and should be taken into consideration, rather than taking diplomatic assurances of the safety of transferred migrants at face value.
Further than being country-specific, deportations must be individual-specific. The ICCPR guarantees that everyone deserves the right to due process. Migrants must be given the chance to challenge their deportation if they could face dangerous situations in the destination country. A May Supreme Court decision found that insufficient time was given to immigrants before their deportation to contest their deportation. This sets a dangerous precedent where immigrants are sent to places where their life and liberty are severely compromised, for reasons they never get the chance to challenge.
As a model for the free world, the US has an obligation to uphold standards of justice. It must respect its commitments to the world community and follow the standards set forth in human rights treaties. In the US, there is a belief that everyone has a right to life, liberty, and the pursuit of happiness. Deporting migrants without due process to countries where they are at risk of torture and other inhumane treatment is inconsistent with American values.
Image courtesy of Getty Images.
